JK Rowling could be investigated by police for misgendering transgender people under Scotland’s fresh hate crime policy, an SNP chancellor has admitted.
Siobhian Brown, the SNP’s community safety minister, initially stated that misgendering – for example, calling a trans woman “he” – would “not at all” fall foul of the legislation.
However, she later acknowledged that it would be up to the police to decide whether JK Rowling should be tried for a crime under the Hate Crime and Public Order (Scotland) Act.
Speaking as the Act came into force on Monday, Ms. Brown said: “It could be reported and it could be investigated. Police Scotland is responsible for determining whether or not the police would believe it to be legal.
The secretary also faced criticism for the “odd” absence of ladies from the list of protected groups enshrined in the regulations.
This means that the Bill prohibits the investigation of threats made against Rowling and other women who oppose trans philosophy. A hatred Bill had been introduced, according to Ms. Brown, who acknowledged that “more work needs to be done.”
When he was the justice minister under Nicola Sturgeon’s state, Humza Yousaf oversaw the passing of the hate crime law at Holyrood in 2021. Police Scotland claimed the training program would be required.
The “stirring up of anger” is a crime under the law, adding to a similar crime based on decades-long racist abuse.
The new policy covers contempt on the basis of age, illness, race, religion, sexual preference, and transgender identity.
Yet, despite cross-party professionals raising questions about why women were excluded, an act to put sex to the record of protected features at this point was rejected.
‘Chilling’ influence
Additionally, problems have been raised that the proposal’s definition of a hate crime may be too confusing, which could lead to a “chilling” influence on freedom of speech and a ferocious wave of police problems.
In particular, Rowling’s friends have suggested that transgender activists have her “in their places”. The writer has frequently argued that transgender women are not women, and last week promised to keep using the phrase “calling a man a person” even after the “ludicrous rules” comes into effect.
The Telegraph has also made it known that a situation involving a character named Jo, who thinks sex is linear and strangely demands that transgender people be sent to fuel chambers was presented to attendees at an official Police Scotland hate crime event in February.
Female organizations claimed that the figure was a veiled movie of Rowling, whose first name is Joanne and who is known by associates as Jo.
When asked if misgendering was a crime by the BBC Radio 4 Today program, Ms. Brown replied, “We respect everyone’s freedom of expression and nobody in our society should live in fear or be made to feel like they don’t belong.”
However, after being challenged over a claim made by an SNP council that Rowling is “certainly entitled to make people feel nervous and misgender someone,” she then acknowledged that it “would get a authorities matter for them to determine what happens.”
Ms. Brown claimed that making the decision may be “an operational choice” and that it would not be my responsibility as a secretary to determine what the authorities did.
She claimed that officials had received “a lot of education in the last year,” including a two-hour online training, and that this provided them with the foundation on which to base their decisions.
“There’s a very high level, which is in the Act, which would be up to Police Scotland, and what would have to be said online or in person had been threatening and abusive,” she said.
“If you’re conveying a personal opinion that is challenging or offensive, for example, that would not be – I would say – would not be illegal.”
